Post on 22-Feb-2016
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Constitutional UnderpinningsAdvanced PlacementUnited States Government & Politics
Influence of the European EnlightenmentCame out of the Scientific Revolution
(16th & 17th Centuries)Success created confidence in the
power of reasonEnlightenment thinkers believed
reason could be applied to human nature in the form of natural laws
Every social, political, & economic problem could be solved through the use of reason
The Social Contract TheoryJohn Locke – English philosopherBelieved that in the “state of
nature” people are naturally free and equal
Argued that freedom led to inequality and eventually chaos
Locke argued that people have natural rights from the state of nature that include the right to “life, liberty, and property”
Second Treatise of Government◦State that people form governments to
protect natural rights◦Give up their freedom to govern
themselves through a social contract between the government and the governed
The only valid government is one based on the consent of the governed
This consent creates a social contract – an agreement between rulers and citizens
For any reason the government breaks the contract through neglect of natural rights, the people have the right to dissolve the government
Locke & the D.O.I.John Locke directly influenced the
thinking of the founders, as reflected in the Declaration of Independence
The Constitution The Constitution reflects the
founders’ attempt to balance order with liberty
It is based on 5 great principles designed to achieve balance:◦Popular Sovereignty◦Separation of Powers◦Checks & Balances◦Limited Government◦Federalism
Background to the ConventionContinental Congress wrote the
Articles of Confederation during the Revolutionary War
Wanted to provide unity for the separate states that loosely formed the new country
The Articles of ConfederationIt allowed state governments to
retain their powers Newly formed central
government had severe limitations
Limitations under the ArticlesFederal government consisted only of a
Congress – each state equally represented
No executive or judicial branchesCould not levy taxes – only request
money from the statesCould not regulate commerce between
the states◦States taxed each other’s goods and
negotiated trade agreements with other countries
No law enforcing powers were granted to Congress
Unanimous vote for amending the Articles was required
States retained all powers not specifically granted to Congress
9 of 13 states were necessary to pass legislation
Shay’s RebellionFarmers in western
Massachusetts rebelled against property foreclosures ◦They were in debt and unable to pay
taxesForced judges out of court and
freed debtors from jailsEncouraged leaders to seek a
stronger federal government
Constitutional Convention55 delegates from 12 statesMay 1787Most were well-educated, wealthy menFamous delegates:
◦Alexander Hamilton – leading Federalist◦George Washington – chair of Convention,
Federalist◦James Madison – credited with writing large
part of Constitution◦Benjamin Franklin
Agreements/CompromisesFounders had a common belief in
a balanced government◦Wanted to construct a government
where no single interest dominatedThey agreed with Locke that
government should protect property
Most delegates believed that only white, property owners should have the right to vote
Large states favored a strong, central government
Small states wanted stronger state governments
Most delegates favored a bicameral (two-house) legislature
The Virginia PlanCalled for a strong central governmentWork by Federalists, such as Madison
and HamiltonPlan proposed by James RandolphIt called for a bicameral legislatureRepresentation in both houses was to
be based on population◦Larger states would have the majority
Also called for a national executive and a national judiciary
The New Jersey PlanProposed by delegates from the
smaller states◦Presented by William Paterson
Legislature would be unicameral (having only one house)◦Each state would have the same
number of votes – equal representation
The Great CompromiseAlso known as the “Connecticut
Compromise”Called for a bicameral legislature
◦Senate – would have votes based on equal representation (NJ Plan) Representatives would be chosen by state
legislatures◦House of Representatives – votes based
on population (VA Plan) Directly elected by the people Voter eligibility determined by the states
Three-Fifths CompromiseThere was a North/South disagreement
regarding the counting of slaves for purposes of apportioning seats in the House
South - wanted to count slaves in order to increase their numbers
North – resisted the South’s effortsCompromise
◦Allowed Southern states to count a slave as 3/5 of a person, allowing a balance of power between the North and South
Presidential Selection CompromiseSelection of President would be
up to an electoral college◦People selected by each state
legislature to formally cast their ballots for the presidency
Signing the Constitution All but 3 delegates signed the
Constitution on September 17, 1787
Drafting the Constitution took about 3 months
Document has lasted more than 200 years, making it the longest lasting Constitution in world history
Amending the Constitution The Founders designed the
amendment process to be difficult, preventing Congress from easily adding so many amendments
They wanted the original document to be meaningful
Formal AmendmentsThe Congress can be formally
amended in 4 ways:◦(1) Amendments may be proposed
by a 2/3 vote of each house of Congress and ratified by at least ¾ of the state legislatures All but 1 of the amendments have been
added through this process.
◦(2) Amendments may be proposed by a 2/3 vote of each house of Congress and ratified by specially called conventions in at least ¾ of the states. Method was only used 1 time – 21st Amendment
that repealed prohibition◦(3) Amendments may be proposed by a
national constitutional convention requested by at least 2/3 of state legislatures and ratified by at least ¾ of the state legislatures
◦(4) Amendments may be proposed by a national constitutional convention and ratified by specially called conventions in at least ¾ of the states
The last 2 methods have never been used to amend the Constitution
Federalists vs. Anti-Federalists There was debate over
ratification of the Constitution between two major factions – the Federalists and Anti-Federalists
Federalists Supporters of the ConstitutionFavored a strong, centralized
government They believed the Constitution
adequately protected individual liberties
Anti-Federalists Opponents of the Anti-FederalistsBelieved the proposed
government would be oppressive Also believed that individual
freedoms and rights should be explicitly guaranteed
The Federalist PapersRatification of the Constitution
was defended by the Federalist Papers ◦Written by James Madison, Alexander
Hamilton, John Jay
Two most famous papers:◦Federalist #10
Argued that separation of powers and federalism check the growth of tyranny by factions
Each branch of government would keep the other two from gaining a concentration of power
◦Federalist #51 Explained why a strong government is
necessary
Compromise and Signing A compromise and agreement
was made between the 2 factions with the addition of a Bill of Rights (or 1st 10 amendments)◦Guaranteed individual freedoms and
rightsRatification occurred in 1787
◦All states agreed to the documentBill of Rights officially added in
1791
Important Terms/IdentificationsAnti-FederalistsArticles of ConfederationBicameral LegislatureBill of RightsChecks and BalancesConsent of the GovernedElectoral CollegeEuropean EnlightenmentFactions
Federalist PapersFederalismFederalistsFormal Amendment ProcessThe Great CompromiseThomas HobbesInformal Amendment ProcessJudicial ReviewJohn Locke
Limited GovernmentNatural RightsNew Jersey PlanPopular SovereigntyRatificationSecond Treatise of GovernmentSeparation of PowersShay’s RebellionSocial Contract
“State of Nature”Three-Fifths CompromiseUnicameral LegislatureVirginia Plan